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Eau Claire ATV Accident Lawyer
Have you suffered from an ATV accident? Do you need a personal injury lawyer to help you navigate this difficult time?
Look no further than Lein Law Personal Injury Law Firm. Our experienced attorneys specialize in cases just like yours and can help you get the compensation you deserve.
You don’t have to suffer alone, and you don’t have to settle for less than you deserve. With Lein Law, you can have peace of mind knowing that your case is being handled by experts who will fight tirelessly for your rights.
Contact us today to schedule a consultation and let us help you get the justice you deserve.
Lein Law Offices
Address:
1101 W. Clairemont Ave Suite 1E7, Eau Claire, WI 54701
Types of ATV Accidents
Off-road vehicles offer a thrilling and exciting experience for their operators, but when used in an unsafe manner can quickly lead to tragedy. ATV accidents are far too common and can cause serious injuries, even death.
The US Consumer Produce Safety Commission annual statistics report that in the United States in 2017, an estimated 93,800 injuries related to ATVs were treated in emergency departments. Approximately 26 percent of the cases involved individuals under the age of 16. [1]
The Consumer Produce Safety Commission became aware of 2,178 deaths associated with Off-Highway Vehicles (OHVs) that resulted from 2,126 incidents during the 3-year period from 2017 through 2019. Most of the 2,178 decedents were male (83%); 17% were female. [2]
Injuries resulting from ATV accidents can vary in severity and may involve rollovers, collisions with other vehicles or objects, and falls. Due to their design, ATVs are not intended for use on highways which results in most accidents occurring off-road.
Rollover accidents are the most common type of ATV accident and may be caused by operator error or poor terrain conditions. Collisions can occur when ATVs collide with a stationary object like a tree or rock, or when an ATV strikes another vehicle or person.
Falls from an ATV often result from a sudden change in direction or loss of control due to hitting an obstacle. All types of ATV accidents can lead to serious injuries such as spinal cord trauma, traumatic brain injury (TBI), broken bones, whiplash, and internal organ damage.
Safety Tips for Operators and Passengers
ATV safety is important for both operators and passengers alike. While helmets are the single most effective way to reduce the risk of serious injuries in an ATV accident, other protective gear such as goggles, face shields, long sleeves, and pants should also be worn.
It is also recommended that operators keep an eye on their speed at all times, as going too fast can increase the risk of a crash or rollover. Passengers should sit behind the driver and hold onto the vehicle’s handlebars or frame for stability.
When changing direction, it is important to make slow turns to maintain balance and control.
It is best to avoid carrying multiple passengers at once as this increases the chances of an accident occurring due to increased weight and difficulty controlling the vehicle.
Children should not be placed on adult-size vehicles even if they have prior experience riding other types of smaller off-road vehicles. They should only use child-size ATVs with adult supervision.
If riding in a group, riders should stay apart from one another to prevent collisions or interference with each other’s ability to maneuver. Operators should stay alert to potential risks such as other riders or vehicles nearby on the trail, changes in the terrain, and possible obstacles that could cause a crash.
Following these tips can help ensure everyone has a safe and enjoyable ride while using an ATV.
Injury Potential
ATVs are capable of reaching high speeds, and the risk of a crash or rollover is increased if operators ride too fast. As a result, the potential for accident injuries is substantial.
In some cases, legal action may be necessary to receive compensation for medical expenses and other damages associated with an ATV accident.
Common Types of Injuries Resulting from ATV Accidents
ATV accidents can often result in severe injuries due to the high speeds and lack of protection from outside elements.
The 2021 estimate for emergency department-treated injuries associated with OHVs revealed that fractures were the most common injuries (29%), followed by contusions/abrasions (19%) and internal organ injuries (14%). The primary injured body parts were the head and neck (33%), arms (shoulders to fingertips, 27%), legs (20%), and torso (19%). [2]
Spinal cord injuries
Spinal cord injuries are often sustained in ATV accidents due to their high-speed nature and lack of protection from outside elements. This type of injury occurs when a jolt or twist to the spine causes damage to the vertebrae, nerves or discs in the spinal column. Depending on the severity of the injury, it can result in partial or complete paralysis to the accident injury victim and may require extensive medical treatment and rehabilitation.
Whiplash
Whiplash can occur due to a sudden stop or change in direction. When an ATV abruptly stops, the body is thrown forward and the head and neck are jerked backward, causing the head to snap forward quickly. The force of this sudden movement can put a lot of strain on the neck muscles, ligaments, and tendons, causing them to stretch or tear, resulting in whiplash.
Traumatic brain injuries
Traumatic brain injuries are also possible in an ATV accident due to head trauma from hitting a hard surface, such as a tree or rock. These types of injuries can be long-lasting and have serious consequences for victims, including cognitive impairment, physical disability, and emotional distress.
Internal organ damage
Internal organ damage can occur if a rider takes a direct hit to the abdomen area or ribs. It is important to seek medical attention immediately after an ATV accident even if symptoms do not appear right away.
Broken bones
Broken bones are also common due to the high impact force of an ATV accident, especially if the rider is ejected from the vehicle. Head and neck trauma may also occur if a rider hits his or her head on a hard surface during an accident.
It is important to wear protective gear and stay within speed limits when riding ATVs in order to reduce the risk of injury in an accident. Facial injuries, abdominal injuries, head injuries, and crush injuries are common if you do not wear protective gear from ATV-related injuries. Sometimes fatal injuries are the result of these ATV-related accidents.
Risks of Operating an ATV on Public Roads or Paved Surfaces
Operating an ATV on paved roads can be extremely dangerous and is not recommended. ATVs are designed for off-road use and do not have the necessary safety features to make them suitable for riding on public roads.
An inexperienced operator may find themselves in a situation where they lose control due to the lack of stability of the vehicle. This could lead to serious injury or death, as well as potential legal action from other drivers if property damage or bodily harm is inflicted upon them.
There are often fines associated with all-terrain vehicle use on public roads which should be taken into consideration before doing so. It is important to always operate an ATV within its intended environment and take extra caution when driving near paved surfaces.
What Actions Should be Taken if Involved in an ATV Accident
If you are involved in an ATV accident, it is important to take the right steps immediately.
The most important action to take is to make sure that everyone involved receives medical attention if needed. If anyone has been injured, call 911 or seek help from a nearby hospital.
If the accident involves another person or vehicle, exchange contact information with them and call the police.
According to Wisconsin law, any operator involved in a crash incident must promptly report the incident to law enforcement officials.
The operator must submit a written report Form 4100-174 [PDF] to the DNR within 10 days.
When the police arrive, provide them with as much information as possible about the accident. It is also important to take pictures of the scene and speak to any witnesses who may have seen what happened.
If possible, collect any physical evidence such as photos of broken pieces of an ATV or skid marks on the ground. After taking these steps, seek legal advice from a qualified attorney who specializes in ATV accidents in order to protect your rights.
If you or someone you love has been injured in an ATV accident, contact our experienced personal injury attorney at Lein Law Offices for a free consultation. We will help you understand your rights and options and fight for the monetary compensation you deserve. We can be reached at (715) 638-1103. Call today to pursue a personal injury claim.
Sources:
[1] CPSC.gov. (2023, May 23). U.S. Consumer Product Safety Commission. https://www.cpsc.gov/
[2,3] OHV Annual Report 2022. (n.d.). U.S. Consumer Product Safety Commission. https://www.cpsc.gov/content/OHV-Annual-Report-2022
